In May, the Supreme Court of Appeals of West Virginia issued a decision in the Wanda Williams v. CMO Management, LLC case. Robert Thompson suffered from Alzheimer’s disease and resided at a nursing facility preceding his...more

Texas is the latest state to consider legislation aimed at increasing transparency between the civil tort and asbestos bankruptcy trust systems. Four states, most recently West Virginia, have enacted such legislation. Texas...more

On March 15, 2015, West Virginia became the fourth state to enact legislation aimed at increasing transparency between the civil tort and asbestos bankruptcy trust systems. Senate Bill 411, also known as the Asbestos...more

The South Carolina Court of Appeals issued an opinion on February 18, 2015, wherein it found a bus driver’s death due to an aneurysm compensable and the driver’s common-law wife entitled to benefits. ...more

For the first time ever, an Arizona state court has recognized that individuals enjoy a right of publicity that protects them from the unauthorized use of their name or likeness for commercial or trade purposes. In its April...more

Halloween is a good time to think about how you want to die. Do you want to leave the world peacefully? Or do you want to go down trash talking, making sure that your enemies know exactly what you think about them, and that...more

In Conservatorship of McQueen the California Supreme Court decided a unique issue concerning the interpretation of Code of Civil Procedure Section 685.040. Under that statute, a judgment creditor is entitled to the reasonable...more

The United States Supreme Court was recently asked to determine whether the Federal Arbitration Act (FAA) preempts a state law rule that prohibits enforcement of pre-dispute arbitration agreements in certain wrongful death...more

Plaintiff was appointed conservator over a young woman with psychological issues. A married man befriended her over the internet. She then suffered a stroke, limiting her mobility, and the married man started visiting her...more

Based upon the especially heavy questioning directed at the appellant during the recent oral argument in Estate of Powell v. John C. Wunsch, P.C., the Illinois Supreme Court seems to be contemplating holding that counsel who...more

Our previews of the newest additions to the Illinois Supreme Court's civil docket continue with Estate of Powell v. John C. Wunsch, P.C., a case from the Third Division of the First District which poses this question: does...more

A Power of Attorney ("POA") can be an important tool for anyone who is planning his or her future. It enables an individual to decide in advance who will help him/her make life's important decisions in the event of future...more

This week's discussion looks at the potential timing limitations that can impact a claim filed against a defendant who has deceased. The discussion is done in the confines of Indiana's Probate Code and the recent Indiana...more

Our reports on the civil oral arguments of the Illinois Supreme Court's November term continue with Bjork v. O'Meara...
Before his death, decedent begins taking steps to transfer a bank account to the plaintiff. He dies...more

Yesterday the Illinois Supreme Court published its Oral Argument Calendar [pdf] for the May term, and the Court will hear oral argument in eight civil cases. The cases, with the issue or issues presented in each, are...
...more

California courts have long wrestled with the question of whether a person's agreement to arbitration binds his or her heirs in a later wrongful death action arising out of his or her death. The California Supreme Court's...more

Pro Per Living Trust Beneficiary v. Sibling Beneficiary Trustees

PETITION TO DETERMINE VALIDITY OF PURPORTED TRUST AMENDMENT; SUSPEND AND REMOVE CO-TRUSTEES AND APPOINTMENT OF SUCCESSOR TRUSTEE; FOR OTHER RELIEF FOR BREACH OF TRUST; FOR AN ACCOUNTING; FOR INSTRUCTIONS [PROBATE CODE...more

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Privacy Policy (Updated: October 8, 2015):

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